Writing A Will

A Will is an important estate planning tool and it allows you to express your wishes for what is done with everything you own upon your death.

Examples of some of the instructions you can state in your Will include:

• The name of a guardian for your minor children
• The terms of a trust for your minor children or spouse
• The name of a person or multiple persons who will be responsible for settling your affairs after your death
• The names of the persons, classes or charities who will get your possessions and under what circumstances

A properly drafted Will may also help reduce some of the taxes that need to be paid as a result of your death. At Avery Law Office, we can provide you with legal advice regarding the tax con-sequences that may result from your death.

What will happen if I don’t make a Will?

There is no legal requirement for you to make a Will. But if you do not have a Will, there is no legal way for your wishes to be known. You will have no say in the care of your minor children. If you die without a Will, you have died “intestate” and there is law which will set out who inherits your belongings. You will lose your control over the disposition of your belongings upon your death. If you have no successors that are legally recognized, all of your property will pass to the provincial Crown.

Examples of some of the instructions you can state in your Will include

• The name of a guardian for your minor children
• The terms of a trust for your minor children or spouse
• The name of a person or multiple persons who will be responsible for settling your affairs after your death
• The names of the persons, classes or charities who will get your possessions and under what circumstances

How do I Prepare a Will?

A Will is a complex legal document and should be prepared by a lawyer. Your lawyer will ensure that your Will is properly drafted and correctly sets out your instructions. A lawyer will also ensure your Will is signed and witnessed in accordance with law. A Will must meet certain legal requirements to be valid. If these requirements are not met, the Will may be invalid. If your Will is found to be invalid after your death, you will have died intestate and lost your control over the disposition of your belongings upon your death. At Avery Law Office, we will take due care to ensure that your Will meets your wishes, achieves your estate planning goals and is legally binding.

A WILL GIVES YOU CONTROL OVER THE DISPOSITION OF YOUR BELONGINGS UPON YOUR DEATH YOU CAN HAVE A SAY IN WHAT HAPPENS TO EVERYTHING THAT YOU EARNED DURING YOUR LIFE

I made a Will years ago. Isn’t that I made a Will years ago

It is good practice to periodically review your Will. Your personal circumstances may have changed since you prepared your Will and it is important to ensure your Will is up to date. You may wish to change your Will if:

• A beneficiary or executor has died
• Children or grandchildren have been born
• Divorce or marriage breakdown occur
• Financial and/or property changes occur

How do I Alter my Will?

You can alter your existing Will by making a new Will with the changes you desire, making a “codicil” or physically changing the existing Will by adding or deleting words. A codicil is a legal document that will alter certain provisions of your existing Will. Each of the options for altering your existing Will have certain legal requirements that must be met for your Will to be valid. At Avery Law Office, we will discuss the pros and cons of the methods for changing your Will with you and determine the best option for your situation.

Where should I keep my Will?

You should keep your Will in a safe place where it will be free from tampering and damage from fire or water. Consider storing your will in a safety deposit box or with your lawyer in their Will vault. Avery Law Office can store your Will for you and leave you with peace of mind regarding its safety.

Should I register my Will?

You can register a Wills Notice with Vital Statistics. There is no legal requirement that you register your Will, but registering will create a record of where your current Will is located. A Wills Notice search must be completed before your executor can proceed with probate and act on your Will. This requirement ensures that your most recent Will is acted upon. Registration will provide you with some assurance that the appropriate Will is located and your wishes followed.

Now I have a Will. Am I finished my estate planning?

Your Will is a very important part of your estate plan. You should also consider completing the following:

• Power of Attorney — a legal document granting someone the legal power to deal with your financial and legal matters
• Representation Agreement — a legal document granting someone the legal power to make health and personal care decisions on your behalf if you are unable to do so
• Advanced Directive — a document stating your wishes for medical treatment if you are unable to express your wishes at the relevant time
• Nomination of Committee — a document expressing whom you would like to have act as your committee if a court finds that you are incapable of managing yourself, your affairs or both

The information on this page is merely a guide and should not be relied upon for legal advice. It provides general information only. It is recommended that you see a lawyer about your particular legal situation.